What is difference between judicial review and judicial activism?
Judicial Review refers to the power of the judiciary to review and determine the validity of a law or an order while Judicial Activism refers to the use of judicial power to articulate and enforce what is beneficial for the society in general and people at large. Judicial Activism also means the power of the Supreme Court and the High Court but not the subordinate courts to declare the laws as unconstitutional and void.
What is difference between judicial review and judicial activism?
Judicial Review:
Judicial review refers to the power of the judiciary to review the constitutionality of laws, executive actions, and government policies. It involves the interpretation and application of the constitution to determine if a particular law or action is in accordance with the principles and provisions laid down in the constitution. Judicial review allows the judiciary to act as a check on the other branches of government, ensuring that they do not exceed their constitutional authority.
Key Points:
- Power of the judiciary to review the constitutionality of laws, executive actions, and government policies.
- Involves interpretation and application of the constitution.
- Acts as a check on the other branches of government.
- Ensures that the other branches do not exceed their constitutional authority.
Judicial Activism:
Judicial activism refers to the tendency of judges to interpret laws and the constitution in a manner that goes beyond the original intent of the framers or the plain meaning of the text. It involves an active and interventionist role by the judiciary in shaping public policy and addressing social issues. Judicial activists are more likely to make decisions based on personal beliefs and values, rather than strictly adhering to the text and intent of the law.
Key Points:
- Tendency of judges to interpret laws and the constitution broadly.
- Goes beyond the original intent or plain meaning of the text.
- Involves an active and interventionist role by the judiciary.
- Shapes public policy and addresses social issues.
- Decisions may be influenced by personal beliefs and values.
Differences:
1. Scope:
- Judicial review focuses on the constitutionality of laws and actions.
- Judicial activism goes beyond constitutionality and addresses broader social and policy issues.
2. Approach:
- Judicial review involves an objective interpretation and application of the constitution.
- Judicial activism involves a subjective interpretation that may be influenced by personal beliefs and values.
3. Role of the Judiciary:
- Judicial review acts as a check on the other branches of government.
- Judicial activism involves an active and interventionist role in shaping public policy.
4. Intent:
- Judicial review aims to uphold the constitution and prevent the abuse of power.
- Judicial activism aims to bring about social change and address perceived injustices.
5. Public Perception:
- Judicial review is generally seen as a necessary function of the judiciary.
- Judicial activism can be controversial and may be seen as overstepping judicial boundaries.